Encryption Issues
So, on the face of it, encryption would be a desirable thing. It guarantees privacy, and is that not what everybody wants? Privacy means that when you transmit your credit card number over the web, crooks cannot intercept it. It also guarantees that if you send some naked or compromising pictures of yourself to someone, nobody can intercept them and publish them. (Think of Pamela Anderson Lee...)
So you would think that everybody should use encryption, at least for the more personal stuff, or stuff of a sexual nature, which always carries some risk that it could some day be used against you (think of Clinton). In addition, you would think that everybody should use the longest possible keys, so no unintended recipient can possibly decode your message.
Wrong! The government won't let you. At least not quite. The government is extremely nervous about encryption, which is kind of interesting, because one would think that the only reason to object to encryption, would be if the government wanted to eavesdrop on the electronic communication of private citizens.
The reason the government cites, is that law enforcement has to be able to gain access to communications to solve criminal cases. Examples that are given, are
- Cases involving national security
- Drug cases (note how the war on drugs consistently seems to come in the way of personal freedom and privacy)
So, the government limits what encryption people can use. However, the debate is still raging. Nowadays, "good encryption" is considered 128 bits. The government maintains that algorithms using 128 bits cannot possibly be broken by anyone. Therefore, the government encourages domestic use of 128 bit algorithms. Until a few months ago, when a computer programmer in the Silicon Valley actually broke an encrypted message using 128 bits DES.
At the same time, there is a law which makes it illegal to export "strong encryption" algorithms abroad. There are some funny things about this law.
- The strong encryption algorithms are known abroad anyway. Actually, courses on the subject are taught in universities around the world, and textbooks can be bought.
- Some popular software uses these "strong encryption" algorithms, for domestic use. Examples are Netscape, Microsoft Explorer and America Online. A lot of people have that software installed on their laptop computers without really worrying about it (who reads the fine print when you buy software anyway). But if you take your laptop with you on a trip to Europe, you break the law and expose yourself to a possible jail sentence!
Why is the Debate on Encryption Rather Trivial?
Encryption algorithms are not that hard to implement. They are well known, and you can buy some excellent books on the subject. Any good programmer, e.g. a student working on a BS in computer science, can program a DES algorithm on his PC, with as many bits of key length as you want. What is even more interesting, is that those same algorithms are known abroad (the same books can be bought totally legally abroad, provided they do not contain a floppy with the actual software in it).
What that means, is that any criminal organization, either in the US or abroad, can very easily gain access to a strong encryption algorithm. So strong actually, that it would seem almost impossible to break, even by the CIA or NSA.
On the other hand, normal citizens are limited by law to "weak" or "not really that strong" encryption. This means that somewhat sophisticated criminal organizations can probably break the code you use, and possibly do so in order to commit fraud or blackmail.
The conclusion of all this, is that legislation in the encryption area, the way it is envisioned now:
- will probably not hinder criminals who want to effectively conceal information
- might help criminals who want to abuse information
- might hurt the ordinary citizen who thought his information was safe